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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

    Fairfield Connecticut Building Expert 10/ 10

    Builders Association of Eastern Connecticut
    Local # 0740
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of NW Connecticut
    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    David M. McLain, Esq. to Speak at the 2014 CLM Claims College

    Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work

    Slow Down?

    Appellate Attorney’s Fees and the Significant Issues Test

    How Fort Lauderdale Recovered a Phished $1.2M Police HQ Project Payment

    Mitsubishi Estate to Rebuild Apartments After Defects Found

    Traub Lieberman Partner Colleen Hastie and Associate Jeffrey George Successfully Oppose Plaintiff’s Motion to Vacate Dismissal

    Florida SB 2022-736: Construction Defect Claims

    Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

    Over a Hundred Thousand Superstorm Sandy Cases Re-Opened

    Cybersecurity on Your Project: Why Not Follow National Security Strategy?

    OSHA Launches Program to Combat Trenching Accidents

    Breath of Fresh Air

    Real Estate & Construction News Roundup (4/17/24) – Travel & Tourism Reach All-Time High, President Biden Emphasizes Housing in SOTU Address, and State Transportation Projects Under Scrutiny

    Development in CBF Green Building Case in Maryland

    Practical Advice: Indemnification and Additional Insured Issues Revisited

    Even Where Fraud and Contract Mix, Be Careful With Timing

    Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?

    Building the Secondary Market for Reclaimed Building Materials

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    Denver’s Proposed Solution to the Affordable Housing Crisis

    Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Act Violations

    Chicago Debt Document Says $8.5B O'Hare Revamp May Be Delayed

    Contractor Given a Wake-Up Call for Using a "Sham" RMO/RME

    Federal Subcontractor Who Failed to Follow FAR Regulations Finds That “Fair” and “Just” are Not Synonymous

    Fast-Moving Isaias Dishes Out Disruption in the Mid-Atlantic, Northeast

    Coverage for Injury to Insured’s Employee Not Covered

    Immigrants' Legal Status Eyed Over Roles in New York Fake Injury Lawsuits

    Insurer's Motion to Dismiss Business Interruption, COVID-19 Claims Under Pollution Policy Fails

    Fannie Mae Says Millennials Are Finally Leaving Their Parents' Basements

    Reinsurer Must Reimburse Health Care Organization for Settlement Costs

    OSHA ETS Heads to Sixth Circuit

    As Some States Use the Clean Water Act to Delay Energy Projects, EPA Issues New CWA 401 Guidance

    2015 California Construction Law Update

    New Evidence Code Requires Attorney to Obtain Written Acknowledgement that the Confidential Nature of Mediation has been Disclosed to the Client

    Landlords Beware: Subordination Agreements

    Stacking of Service Interruption and Contingent Business Interruption Coverages Permitted

    Ritzy NYC Tower Developer Says Residents’ Lawsuit ‘Ill-Advised’

    Flooded Courtroom May be Due to Construction Defect

    Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected

    New American Home Construction Nears Completion Despite Obstacles

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    Managing Partner Jeff Dennis Recognized as One of the Most Influential Business People & Opinion Shapers in Orange County

    Just When You Thought General Contractors Were Necessary Parties. . .

    Mediation in the Zero Sum World of Construction
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    The Fairfield, Connecticut Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Fairfield's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    New OSHA Fall Rules to Start Early in Minnesota

    June 14, 2011 —

    Minnesota has elected to implement the new OSHA rules concerning fall prevention in residential construction on June 20, well before OSHA’s September 15 deadline. Brian Johnson, reporting in Finance and Commerce, quotes Pam Perri, the executive vice president of the Builders Association of Minnesota, “this is the worst time to implement a new rule.” Ms. Perri notes “In Minnesota, education time for the residential construction industry is between November and March 1, not in the middle of the construction season.”

    Mike Swanson of Rottlund Homes estimated that the new regulations would add between $200 to $500 to the cost of a house and that he felt the current safety regulations were adequate. OSHA officials are quoted that there continues “to be a high number of fall-related deaths in construction.”

    Read the fully story…

    Read the court decision
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    Reprinted courtesy of

    Round and Round: Inside the Las Vegas Sphere

    December 16, 2023 —
    How does the typical contractor approach building something taller than the Statue of Liberty, wider than a football field and with the most square footage of LED lighting in the world? Perhaps it’s enough to say that Sphere Entertainment Company is not your average contractor—and Sphere in Las Vegas is not your average construction project. With a budget of approximately $2.3 billion, Sphere is a massive entertainment venue constructed mainly of steel and concrete. How different is that from the typical Vegas high-rise, casino or hotel? When you account for the structure’s sheer size, uncommon shape and intertwining technologies—very. Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Picketing Threats

    July 09, 2019 —
    Letters from unions to owners, general contractors and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of the union’s plans to engage in “public informational campaigns” at the site, in furtherance of the dispute, may constitute unlawful threats of secondary boycott. Unions often send letters to various employers that share a common construction project site, informing them that the union has a dispute with one or more of the subcontractors working or scheduled to work at the same site. In labor law, the employers that do not have a dispute with the union are referred to as “neutral employers,” in contrast with the employers with which the union has the dispute, referred to as “primary employers.” In the letters, the unions typically describe the reason for the labor dispute (e.g., alleged failure to pay “area standards”), request that the neutrals use their “managerial discretion” not to allow the primary employers to perform work at the project site until the dispute is resolved, and inform that the union will engage in public information campaigns against the primary employer at the common situs. The “public information campaign” is described in the union’s letter as including banner displays, distribution of handbills, picketing and other demonstration activity. Read the court decision
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    Reprinted courtesy of Jerry Morales, Snell & Wilmer
    Mr. Morales may be contacted at jmorales@swlaw.com

    New Home Sales Slip, but Still Strong

    December 30, 2013 —
    Economists say that prospective home buyers have adjusted to the increase in mortgage rates, according to AZCentral.com. And while there was a 2.1 percent drop in new home sales in November, estimates for the preceding months were revised upwards, beating estimates. October new home sales were at the highest they had been since the beginning of the recession. The Federal Reserve plans to taper off of economic stimulus, which should send interest rates even higher. This may have prompted some home buyers to get in the market sooner, rather than later, according to Sara Watt House, and economist with Wells Fargo. “It’s not really derailing people’s purchase plans,” said Ms. House. With reduction in inventory has come an increase in prices, which also could slow down sales of new homes. Read the court decision
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    Reprinted courtesy of

    Seattle Crane Strike Heads Into Labor Day Weekend After Some Contractors Sign Agreements

    September 25, 2018 —
    A continuing construction worker strike in Seattle and Western Washington state headed into Labor Day weekend after a number of contractors signed individual agreements to return to work. Read the court decision
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    Reprinted courtesy of Christine Kilpatrick, ENR
    Ms. Kilpatrick may be contacted at kilpatrickc@enr.com

    Construction Mediation Tips for Practitioners and 'Eyes Only' Tips for Construction Mediators

    December 05, 2022 —
    Construction mediation can occur during or after construction and prior to or during arbitration or litigation. But, regardless of when a construction mediation occurs, its success often depends on the parties’ willingness to exchange critical information well in advance of the mediation session. Tips for the Construction Practitioner
    1. Schedule a mandatory pre-session call.
    2. A pre-session call with the mediator is the first and most effective opportunity to convey your client’s position and to allow the mediator to absorb and evaluate that information without distraction. On that call, counsel should describe the dispute and identify the decision-makers. Additionally, counsel should address the following questions:
      1. Are the parties working together and sharing information, or are they at war?
      2. Have the parties shared expert information?
      3. Have demands been published?
      4. Will the parties be publishing their briefs?
      5. What confidential information is not in the mediation brief?
      6. Will the decision-makers be participating? Are there any decision-makers who are not available or “behind the scenes”?
    Reprinted courtesy of Stacy L. La Scala, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute

    February 07, 2018 —
    In September 2017, a Texas Federal district judge ruled that that Personal and Advertising Injury coverage in a CGL policy did not require physical occupancy in a landlord-tenant dispute. In the underlying lawsuit, restaurant owner Ziggy Gruber alleged that John Dunn, the landlord of a Houston shopping center, wrongfully interfered with his right of occupancy at the shopping center by failing to complete the negotiation of a lease and preventing his occupancy of the space. Gruber further alleged that he had acquired a direct interest in the premises and became a rightful tenant but as a result of Dunn’s interference, he was never able to open his restaurant. Read the court decision
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    Reprinted courtesy of Afua Akoto, Saxe Doernberger & Vita, P.C.
    Ms. Akoto may be contacted at asa@sdvlaw.com

    Insurance Coverage Litigation Section to Present at Hawaii State Bar Convention

    October 15, 2014 —
    The Hawaii State Bar convention will be on October 24, 2014, at the Hawaiian Hilton. The Insurance Coverage Litigation Section will make a presentation from 8:30 a.m. to 11:45 a.m. Three presentations will be made. First, Richard C. Mosher (Anderson Kill), Kathy Dang (Marsh), and Beau Monday (Hawaiian Telcom) will discuss cyber-liability claims and insurance options. Next, David R. Harada-Stone (Tom Petrus & Miller) and I (Damon Key Leong Kupchak Hastert) will address "occurrences," i.e., deciding on and the impact of determining the number of occurrences in particular factual settings. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com